COURT OF APPEAL FOR ONTARIO
DATE: 20061025
DOCKET: C44977
RE: PAMELA SILVERBERG (Appellant/Plaintiff) – and – ENIO ZEPPIERI, LAURA CASTELLUCI and ZEPPIERI AND ASSOCIATES (Respondents/Defendants)
BEFORE: BORINS, FELDMAN and MacFARLAND JJ.A.
COUNSEL: L. Paul Shenton for the appellant Brian G. Grant for the respondent Enio Zeppieri
HEARD & ENDORSED: October 23, 2006
On appeal from the judgment of Justice B. Wright of the Superior Court of Justice dated February 2, 2006.
A P P E A L B O O K E N D O R S E M E N T
[1] Although it may have been preferable that Wright J. did not hear this motion, the appellant’s counsel did not object to him doing so. We are satisfied that the appellant received a fair hearing.
[2] The motion judge’s comments at the previous hearing for an adjournment were the motion judge’s efforts to assist an unrepresented litigant. The appellant has not satisfied us, on the usual test, that there was a reasonable apprehension of bias.
[3] In respect to the appeal from the order enforcing the settlement, we are satisfied that there are no reasons to interfere with this order. Moreover, it is our view that if there were to be a rehearing of the motion to enforce the settlement, on the basis of the record before us, the result would be the same.
[4] Accordingly, the appeal is dismissed with costs fixed at $3,000 inclusive of disbursements and GST.
[5] Order to go that the appellant’s approval of the form and content of the order dismissing the appeal is not required.